Item - 2015.TE4.5

Tracking Status

  • City Council adopted this item on March 31, 2015 without amendments and without debate.
  • This item was considered by the Toronto and East York Community Council on February 18, 2015 and adopted without amendment. It will be considered by City Council on March 31, 2015.
  • See also MM9.36

TE4.5 - Final Report - 97 Walmer Road and 88-100 Spadina Road - Official Plan Amendment, Zoning Amendment and Rental Housing Conversion Applications

Decision Type:
ACTION
Status:
Adopted on Consent
Ward:
20 - Trinity-Spadina

City Council Decision

City Council on March 31, April 1 and 2, 2015, adopted the following:

 

1.         City Council amend the Official Plan, for the lands at 97 Walmer Road and 88-100 Spadina Road substantially in accordance with the draft Official Plan Amendment attached as Attachment 5 to the report (January 26, 2015) from the Director, Community Planning, Toronto and East York District.

 

2.         City Council amend Zoning By-law 438-86, as amended by Site Specific By-law 1091-2005, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 6 to the report (January 26, 2015) from the Director, Community Planning, Toronto and East York District.

 

3.         City Council amend Zoning By-law 569-2013, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 7 to the report (January 26, 2015) from the Director, Community Planning, Toronto and East York District.

 

4.         City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Official Plan Amendment and draft Zoning By-law Amendment as may be required.

 

5.         City Council approve the application for a Section 111 permit in accordance with Municipal Code Chapter 667 to allow the conversion through severance of a rental housing property with more than six residential rental units into two lots, one of which will have fewer than six residential rental units, subject to the following conditions:

 

a.         The maintenance of 215 existing residential rental units at 100 Spadina Road as rental housing for a minimum period of ten (10) years commencing from the date an Official Plan Amendment comes into full force and effect.

 

b.         The owner shall provide two of the units in condition 5.a. above at affordable rents for a period of at least ten (10) years commencing from the date they are first occupied.

 

c.         The provision by the owner of financial compensation to the one affected tenant in the rental building at 97 Walmer Road that will be separately conveyed, to the satisfaction of the Chief Planner and Executive Director, City Planning.

 

d.         The owner applies for, and obtains a Consent from the Committee of Adjustment to permit the severance of the lands into two lots and the separate conveyance of the lot at 97 Walmer Road.

 

e.         The owner enters into and registers on title for the portion of the property known as 100 Spadina Road, an agreement to secure the conditions 5.a., b. and c. above to the satisfaction of the City Solicitor.

 

6.         City Council authorize the Chief Planner and Executive Director, City Planning Division, to issue the Preliminary Approval of the Section 111 permit to the application under Municipal Code Chapter 667 after the latest of the following has occurred:

 

a.         The Official Plan and Zoning By-law Amendments have come into full force and effect.

 

b.         The owner obtains a Consent from the Committee of Adjustment to permit the severance of the lands into two lots and the separate conveyance of the lot at 97 Walmer Road.

 

c.         The owner satisfies the condition in Part 5.e. above.

Statutory - Planning Act, RSO 1990

Background Information (Community Council)

(January 26, 2015) Report from the Director, Community Planning, Toronto and East York District - 97 Walmer Road and 88-100 Spadina Road - Official Plan Amendment, Zoning Amendment and Rental Housing Conversion Applications - Final Report
https://www.toronto.ca/legdocs/mmis/2015/te/bgrd/backgroundfile-75120.pdf

TE4.5 - Final Report - 97 Walmer Road and 88-100 Spadina Road - Official Plan Amendment, Zoning Amendment and Rental Housing Conversion Applications

Decision Type:
ACTION
Status:
Adopted
Ward:
20 - Trinity-Spadina

Statutory - Planning Act, RSO 1990

Community Council Recommendations

The Toronto and East York Community Council recommends that:

 

1.         City Council amend the Official Plan, for the lands at 97 Walmer Road and 88-100 Spadina Road substantially in accordance with the draft Official Plan Amendment attached as Attachment No. 5 to the report (January 26, 2015) from the Director, Community Planning, Toronto and East York District.

 

2.         City Council amend Zoning By-law 438-86, as amended by Site Specific By-law 1091-2005, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 6 to the report (January 26, 2015) from the Director, Community Planning, Toronto and East York District.

 

3.         City Council amend Zoning By-law 569-2013, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 7 to the report (January 26, 2015) from the Director, Community Planning, Toronto and East York District.

 

4.         City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Official Plan Amendment and draft Zoning By-law Amendment as may be required.

 

5.         City Council approve the application for a Section 111 permit in accordance with Municipal Code Chapter 667 to allow the conversion through severance of a rental housing property with more than six residential rental units into two lots, one of which will have fewer than six residential rental units, subject to the following conditions:

 

a.         The maintenance of 215 existing residential rental units at 100 Spadina Road as rental housing for a minimum period of ten (10) years commencing from the date an Official Plan Amendment comes into full force and effect.

 

b.         The owner shall provide two of the units in condition 5.a. above at affordable rents for a period of at least ten (10) years commencing from the date they are first occupied.

 

c.         The provision by the owner of financial compensation to the one affected tenant in the rental building at 97 Walmer Road that will be separately conveyed, to the satisfaction of the Chief Planner and Executive Director, City Planning Division.

 

d.         The owner applies for, and obtains a Consent from the Committee of Adjustment to permit the severance of the lands into two lots and the separate conveyance of the lot at 97 Walmer Road.

 

e.         The owner enters into and registers on title for the portion of the property known as 100 Spadina Road, an agreement to secure the conditions 5.a., b. and c. above to the satisfaction of the City Solicitor.

 

6.         City Council authorize the Chief Planner and Executive Director, City Planning Division, to issue the Preliminary Approval of the Section 111 permit to the application under Municipal Code Chapter 667 after the latest of the following has occurred:

 

a.         The Official Plan and Zoning By-law Amendments have come into full force and effect.

 

b.         The owner obtains a Consent from the Committee of Adjustment to permit the severance of the lands into two lots and the separate conveyance of the lot at 97 Walmer Road.

 

c.         The owner satisfies the condition in part 5.e. above.

Decision Advice and Other Information

The Toronto and East York Community Council held a statutory public meeting on February 18, 2015, and notice was given in accordance with the Planning Act and with Municipal Code Chapter 667 under the City of Toronto Act.

Origin

(January 26, 2015) Report from the Director, Community Planning, Toronto and East York District

Summary

The application to amend the Official Plan and Zoning By-law relates to the severance of the three-unit rental property located at 97 Walmer Road from a parcel which includes two rental apartment buildings located at 88 and 100 Spadina Road. The properties are currently under single legal ownership and regulated by Site Specific By-law 1091-2005.  The owner proposes to sever and convey the 97 Walmer Road property while retaining the remainder of the lands (88 and 100 Spadina Road).  The existing 22-storey rental apartment building at 100 Spadina Road and six-storey rental apartment building at 88 Spadina Road will be maintained.  Ten three-storey stacked townhouse condominium units adjacent to the property and located at 99A-105B Walmer Road and 111A-111B Bernard Avenue are not affected by the proposed severance.

 

See Attachment 1 for the Plan of Survey showing the subject site and existing building footprints.  See Attachment 2 for the proposed severance plan of 97 Walmer Road.

 

An Official Plan Amendment and a Section 111 permit under Municipal Code Chapter 667 are required in order to allow a severance of a rental property that consists of six or more rental units that will result in a lot being created with less than six rental dwelling units.  A Zoning By-law Amendment is required to amend Zoning By-law 438-86, as amended by Site Specific By-law 1091-2005, by reducing the total number of rental dwelling units required to be maintained on the lands.

 

This report reviews and recommends approval of the applications for an Official Plan Amendment, a Zoning By-law Amendment and a Section 111 permit, and recommends that City Council authorize the Chief Planner and Executive Director, City Planning Division, to issue a permit under Municipal Code Chapter 667 pursuant to Section 111 of the City of Toronto Act.

Background Information

(January 26, 2015) Report from the Director, Community Planning, Toronto and East York District - 97 Walmer Road and 88-100 Spadina Road - Official Plan Amendment, Zoning Amendment and Rental Housing Conversion Applications - Final Report
https://www.toronto.ca/legdocs/mmis/2015/te/bgrd/backgroundfile-75120.pdf

Motions

1 - Motion to Adopt Item moved by Councillor Joe Cressy (Carried)
Source: Toronto City Clerk at www.toronto.ca/council